Claiming benefits - DLA, Mobility, Attendance Allowance - DO IT NOW!

nemo183

I'm reluctant to make this post, because I'm sure it must have popped up before, but if it has, I can't find it.

It's just to say that if you are the parent of a child with special needs, then get stuck in now to the benefits system, as soon as possible.

In order to do this, the most useful thing you can have is a formal diagnosis of your child's needs.

This diagnosis may well allow you to firstly force your LEA to statement your child, which means they are legally forced to offer you the educational environment that is most suited to your child's needs - which may involve extra help in a mainstream school, or more specialist help in a special school.

Once you have a formal diagnosis, it will make claiming any benefits your child is entitled to much more easy. Since these benefits will last a long time, the sooner you claim, the better.

Lastly, although I could go on for ages about this subject, the most important thing is to get your child into the "system" as a child - there is, within the NHS, so much more help for a young person under 18. Once they become an "adult" - post 18 - everything changes, and much for the worst.

Anyway, I'm sure many people reading this will already know most of this - what made me post was recently meeting parents whose children have suffered a miserable mainstream school, and have now been "abandoned" by their LEA.

Ted_Hutchinson

The details for making a claim for DLA are here
Disability Living Allowance (DLA) for children under age 16 and you should note the age at which a young person is considered adult enough to manage their own DLA claim is 16 and so will not be surprised that this is the point where the number or DLA claimants is significantly reduced.

While I fully agree with the previous poster that having a formal diagnosis makes a DLA claim more straightforward everyone with a child should be aware that DLA is not Diagnosis dependent but driven by the care needs which that claimant demands or the virtual inability to walk or the need for supervision and guidance when walking. For many children under 3 consultants are reluctant to give firm diagnosis for many conditions, yet the care needs can be considerably more than a non-disabled child of that age, so a DLA claim is justified even though there is no firm diagnosis to support it.

So while I agree that pushing for a diagnosis as early as possible is worthwhile you shouldn't IMO delay a DLA claim until this is obtained.
Edit: The basis for my statements about the priority which should be given to the disability and care needs rather than the formal diagnosis of the medical condition, comes from CDLA/1742/2004. A diagnosable medical condition may give rise to a disability, but entitlement to DLA is dependent upon a claimant's inability to cope with care and mobility without assistance and with his consequent reasonable care and mobility needs; and not upon the diagnosis of any medical condition.
That is not say it isn't prudent to pursue the getting of a "label" diligently, in order to make best use of the support systems which are available.

nemo183

Cheers, Ted - you are a mine of information on the details of these things.

It's also important to know that not all benefits are income related, and some are paid directly to the child.

The other thing to realise is that once you have made a successful claim, it will often stand (if the claimaints condition remains stable) for a long length of time - so it's not just, say, and extra £10 a week, but maybe £520 a year for maybe 10 years - so taking the time to fill in the reams of paperwork isn't done for the tenner, but the possible £5k - which has to be worth it.

Finally, once you've applied for the forms, you'll find they almost seem designed to put you off filling them in - I know a number of people who just can't bring themselves to spend what may well be an afternoon doing the job, for all sorts of reasons - not least because if you're having to cope with the demands of a special needs child, the last thing you feel like (or have the time for) is filling in bloodly forms.

If this feels like you, just see if you have a local "Parents in Partnership" group. They will almost always have someone who has been in a similar situation to yours, and will be happy to come round and help you get the paperwork done. You'll also find they can be more objective about your situation, and really help add detail to the application. From personal experience, coming from a "Middle Class, Pull Yourself Together" background, it's taking the first steps that are the hardest, as you feel you should be able to cope.

My feelings go out to those of us that are less articulate, often with children that have even higher levels of need, who aren't aware of what is available. Much of the benefits system seems to work on the "Shouting loudest and best principle", rather than on the needs of the child.

Ted_Hutchinson

nemo183 wrote:

it will often stand (if the claimaints condition remains stable) for a long length of time - so it's not just, say, and extra £10 a week, but maybe £520 a year for maybe 10 years - so taking the time to fill in the reams of paperwork isn't done for the tenner, but the possible £5k - which has to be worth it.

Disability Living Allowance (DLA) for children under age 16 has the current rates, remember they are annually adjusted and tax free; the Low rate for Care is £16.05 weekly,(Middle £40.55 High £60.60) for mobility the amounts are £42.30 High (+Bluebadge and some other concessions) Those on means tested benefits should be aware this money is not counted as income but having a family member with a "DLA Care rate" will also add a Disability Premium to their applicable amount so enhancing these benefits as well as possibly enabling a Carer's Allowance claim which, although counted as income, does have a additional impact on means tested benefits.(Carer's Premium)

Ted_Hutchinson

I can't find the decision I quoted earlier online however this one covers the same ground and is more recent.
CDLA 1721 2004

BenefitMaster

I cannot emphasise how imperative it is to "claim early, claim often, appeal loudly"

The system is designed to pay generous benefits to those who genuinely entitled to it. My wife is severely disabled, and claims Incapacity, DLA, Tax Credits and Child Benefit. Her income, in BENEFITS alone, exceeds £11,000 a year. But to get to this level, we had to fight tooth and nail against staff who are so jaded with the fake claims that they cannot spot the wheat in thew chaff.

I am happy to assist anyone with benefit claims, appeals etc.

nemo183

BenefitMaster wrote:

I cannot emphasise how imperative it is to "claim early, claim often, appeal loudly"

The system is designed to pay generous benefits to those who genuinely entitled to it. My wife is severely disabled, and claims Incapacity, DLA, Tax Credits and Child Benefit. Her income, in BENEFITS alone, exceeds £11,000 a year. But to get to this level, we had to fight tooth and nail against staff who are so jaded with the fake claims that they cannot spot the wheat in thew chaff.

I am happy to assist anyone with benefit claims, appeals etc.

Thanks for the post. What sticks in my throat is the virtual full-time job fighting for these benefits is. What also upsets me is the number of less informed, equally deserving cases from less articulate people that the "System" just elephant stomps. Particularly when you see stats published for many benefits where the amount paid out is far less than the official estimated amount of what is claimable - and not much effort spent on reaching out to these vulnerable groups.

Ted_Hutchinson

nemo183 wrote:

Particularly when you see stats published for many benefits where the amount paid out is far less than the official estimated amount of what is claimable - and not much effort spent on reaching out to these vulnerable groups.

Here Here. When people start whingeing on about Benefit Fraud they totally ignore the fact that the main problem is getting people to claim their entitlements. The more folk shout about Benefit Fraud the fewer honest people want to claim and the result of this can be seen in the low uptake of CTB by older people.
Clinicians need to be aware that approximately 50% of patients admitted to the hospital are malnourished, This is from Cardiff 2005 and is a shocking reflection of the current administration.

margaretclare

Hi all

Following on from another thread in the last few days I've been impelled to try to claim Attendance Allowance (again). I had to smile at the comment about 'middle class pull yourself together' syndrome.

I'm presently awaiting the third surgery on left hip - seond revision of hip replacement. We're a happily-married couple aged 70, we're not poor, both receive income from pensions and annuities in our own right. I had the first revision of replacement just after we got together in 1997. I don't know what I'd do now if we weren't together. Maybe I'd be like Lyndsay21's granny in the thread headed 'What can she get?'

We've done everything for ourselves up to now. Took the decision to have the bathroom completely re-done, shower unit, tiling to walls, grab-handles etc. Because of my hips and B's knees (he's had both knee joints replaced) it wasn't safe to keep climbing in and out of bath to have a shower. If we hadn't the car I'd be almost housebound, because I can't walk as far as the bus stop. We don't qualify for any benefits, we live simply but well, and we're happy. But, but...I thought about this. Lyndsay's granny has had a complete shower room (wet-room) built on for her, at no cost to herself, and she doesn't use it! She has people come in twice a week to wash her. She goes to a day centre twice a week where she could have a bath but doesn't. I can't imagine not having a shower every morning, I'd feel awful, and you wouldn't want to get within smelling distance of me!! However, I do rely a lot on my husband being around - I just feel a bit safer stepping into the shower knowing he's within earshot. Writing down the help that I need isn't that easy. However, I can but ask. I downloaded and printed off the forms, sent them off to Wembley yesterday.
Will just have to see.

The unjust part is, once you're over 65 the criteria change. When I first needed hip replacement back in the 1980s I got Mobility Allowance (as was then!) I was told by a CAB Benefits Adviser that the reason you can't get that past 65 is because it's assumed that you won't be mobile anyway. Same with help with cooking a meal in DLA - after 65 'you could always have meals-on-wheels, couldn't you'! Well, no, I wouldn't want meals-on-wheels!!!

Margaret

Ted_Hutchinson

margaretclare wrote:

The unjust part is, once you're over 65 the criteria change. When I first needed hip replacement back in the 1980s I got Mobility Allowance (as was then!) I was told by a CAB Benefits Adviser that the reason you can't get that past 65 is because it's assumed that you won't be mobile anyway. Same with help with cooking a meal in DLA - after 65 'you could always have meals-on-wheels, couldn't you'! Well, no, I wouldn't want meals-on-wheels!!! Margaret

While you are quite right that the criteria forDLA and Attendance allowance differ in respect of the Mobility component and the lower rate of DLA care hasn't got an AA equivalent claimants who currently get DLA and then turn 65, continue to receive those components when they pass the critical cut off point. So if Margaret had been continuously in need of higher rate mobility it would have continued past the age of 65. I presume she had mobility, then the hip op, then regained her mobility and so lost DLA mobility, then turned 65 and later needed a new mobility claim which isn't now available. You can only claim DLA after 65 if you can prove you complied with the criteria before your 65th birthday and have met those criteria continuously since. You would need exceedingly good medical evidence and welfare rights assistance.
So the message for those with relatives approaching 65 is to encourage them to claim if they are begining to have mobility or care problems.

margaretclare

Hi, you're right, Ted. I wasn't even 50 when I had the first hip replacement, and BTW, this is not age-related, it's due to a familial bony abnormality resulting in early wear on the hip joints. My daughter has had both hips replaced when she was 35. I don't know what benefits (if any) she gets - as she used to work for a local authority disability advisory service I would presume she's well aware of everything. You're right, the hip replacements restored my mobility, but they (especially the left one) have needed revising, during which time I passed the magic 65th birthday!

I don't know whether this present AA claim will succeed - I'm due to have a second revision later this year and hopefully that will improve my mobility. I hope so - but the AA people may say that my present disabilities have to be permanent. There is a risk with a second revision i.e. third reconstruction of the same hip, it may not be successful, I've been warned about all the drawbacks. But I don't have an option - I don't want to live as I am now. I couldn't possibly imagine living like Lyndsay21's grandma - heaven forbid!

What I really want to do is to get back to driving (at present left leg is shorter) and to do another Dawn Chorus walk next May Day. 3 miles around the woodlands at 4 am!

Margaret